French Appeal Tribunal Raises Sentence for Gisele Pelicot Rapist

A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence raised to ten years.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of June 29, 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a comatose state.

We expect the jury will affirm that in this nation, fundamental rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is received personally and not via a representative from a husband.”

Case History

The husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the only man to appeal against his verdict. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a larger conversation on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a duration of what police said was three and a half hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that lady.”

Survivor's Statement

The victim, who was cheered upon exiting the courtroom each day by onlookers present to support her, said to Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to assault an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps motivated by the collective awareness brought by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a woman, it’s an complete sordid social system that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The court heard that his parent was abusive and that the defendant began consuming marijuana aged 10. When he was 17 he was caught by authorities for drug trafficking and his parent kicked him out the family house. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had stated to a evaluator that annually he looked for paid sex on his special day. His legal representatives told the court he had a medical condition triggered by the anxiety of the original case.